Are there any defenses to Section 5 of the FTCA?

Yes, there are defenses to Section 5 of the Federal Trade Commission Act (FTCA) for businesses in Maryland. Generally, the defenses to unfair competition law under the FTCA include: 1. Consent - If the business has the consent of the affected buyer or seller, it has a defense to Section 5 of the FTCA. 2. Justification - A business may also defend itself if it can show that its actions were justified and reasonable under the circumstances. 3. Estoppel - In some cases, a business will have a defense if the affected buyer or seller has stopped it from competing in a certain way. 4. Legitimate Purpose - If a business can demonstrate that its actions were motivated by a legitimate business purpose, it may have a defense against Section 5 of the FTCA. 5. Legitimate Competitive Activity - This defense applies if the business is engaging in legitimate competitive activities which are legal in and of themselves. Finally, a business may challenge a finding that its activities are unfair under the FTCA by challenging the facts of the case. However, it is important to note that each defense is dependent upon the facts of each particular case, and the business may want to consult with an attorney to ensure that it is making the best argument under the applicable law.

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